Jacqueline Kong Divorce Law Blog on Lawyers.com

Grounds for Divorce in Hawaii

Monday, November 16, 2009 by Jacqueline Kong

Under Hawaii law, there are no “fault” grounds for divorce: Hawaii is a no-fault divorce state. There are two grounds for divorce in Hawaii:

There has been an irretrievable breakdown of the marriage
Living separately.

An “irretrievable breakdown” of the marriage can mean any number of things, but in essence, it means that the there is no reasonable hope that the marriage can be saved.

To qualify for a divorce on the ground of “living separate,” certain criteria must be met:

The parties must have lived separate and apart under a decree of separation entered by a court, the term of separation must have ended, and there must have been no reconciliation; OR
The parties must have lived separate and apart for two years or more under a decree of separate maintenance entered by a court and there must have been no reconciliation; OR
The parties must have lived separate and apart for a continuous period of two years or more immediately preceding the application for divorce, there must be no reasonable likelihood that cohabitation will be resumed, and the court must be satisfied that it would not be “harsh and oppressive” to the party not seeking divorce or contrary to the public interest.

See Hawaiian Statutes Section 580-41

There is also a residency requirement under Hawaii divorce: one spouse must have lived in the state for six months before seeking divorce, and one spouse must have lived in the circuit where the case was filed for as least three months.

Although “bad conduct,” or “fault,” as some other jurisdictions describe it, is not an independent ground for divorce in Hawaii, the conduct most likely would come under consideration, even if peripherally, in some aspect of the divorce process, such as financial determinations and possible even custody considerations.

If you are contemplating a divorce, or if your spouse has filed for divorce, you should seek the advice of experienced Hawaii divorce law firm.

This arttcle was prepared by the Hawaii divorce attorneys at The Law Practice of Jackie Kong located at 737 Bishop Street, Suite 2070, Mauka Tower, Honolulu, Hawaii; Toll free at 877-650-0824.

Posted at 11:11 AM

Topic: Divorce